reword to sound better: In Australia, laws exist to address the serious offence of genocide. The Genocide Convention Act 1949(Cth)[1] and the Criminal Code Act 1995 (Cth)[2] have both incorporated genocide into the Australian legal framework, allowing for the prosecution of individuals found guilty of this crime.[3] However, these laws apply only to acts of genocide committed within Australia's jurisdiction or by Australian citizens abroad.[4]

The International Criminal Court (Consequential Amendments) Act 2002 (Cth) has notably expanded and revised Australian criminal law. However, a significant prerequisite exists for any trial concerning international crimes. The Attorney-General's written approval is required before any proceedings can be initiated under the revised Criminal Code Act, and all offences must be prosecuted in his name. The High Court's jurisdiction, as outlined in section 75 of the Constitution, is subject to this prerequisite. The Attorney-General's decision to grant or deny permission to prosecute is final and cannot be contested, appealed, reviewed, nullified, or questioned. Furthermore, it is not subject to prohibition, mandamus, injunction, declaration, or certiorari.

When Australia becomes aware of allegations of genocide elsewhere in the world, it should refer the case to the ICC if the alleged crimes occurred in a country that is a signatory to the Rome Statute. However, if the alleged acts of genocide took place in a non-member state, the process becomes more complicated. In such instances, Australia would need to persuade the United Nations Security Council to refer the case to the ICC, which may be challenging due to the veto power held by its five permanent members.